HB 1469: Crimes; restriction and seal of certain records upon sentencing of a first conditional discharge for possession of controlled substances and certain nonviolent property crimes; provide

Under current Georgia law (O.C.G.A. § 16-13-2), a first-time offender charged with simple drug possession or a related nonviolent property crime can ask a judge to seal their records after a successful conditional discharge, but the judge has discretion and must weigh the public interest against the person's privacy. This bill removes that discretion: at sentencing, the court would be required to restrict and seal the person's court and law enforcement records automatically, rather than only upon request. The bill also lets people sentenced before July 1, 2026 petition to have their older records sealed under the same rules, with courts required to act within 90 days and clerks within another 60 days. If someone violates the terms of their discharge and is later adjudicated guilty, the sealing is undone. The bill lists specific entities, such as prosecutors, judges, parole boards, and firearm licensing officials, that can still access sealed records, and it updates the Georgia Bureau of Investigation's records-disclosure statutes (O.C.G.A. §§ 35-3-34, 35-3-35) to match.

• Requires courts to automatically restrict and seal a defendant's records upon a first conditional discharge for controlled substance possession or related nonviolent property crimes, removing the prior discretionary, request-based process.
• Creates a retroactive petition process for people sentenced before July 1, 2026 to get their records sealed under the new rules, with courts required to rule within 90 days.
• Sets deadlines for clerks of court (60 days) and law enforcement, jails, and detention centers (30 days) to comply with sealing and restriction orders.
• Restores public access to records if a person's conditional discharge is revoked and they are later adjudicated guilty of the underlying offense.
• Lists specific entities, such as prosecutors, judges, public defenders, parole officials, and firearm licensing authorities, who can still access sealed records without a court order.
• Updates the Georgia Bureau of Investigation's record-disclosure laws (O.C.G.A. §§ 35-3-34 and 35-3-35) to align with the new automatic sealing rules under Code Section 16-13-2.

People convicted for the first time of simple drug possession or related nonviolent property crimes tied to addiction, along with prosecutors, judges, clerks of court, public defenders, law enforcement agencies, jails, the Department of Community Supervision, the State Board of Pardons and Paroles, and crime victims entitled to case information.

People who complete a first conditional discharge would have their records sealed automatically rather than needing to convince a judge, which could make it easier to pass background checks for jobs or housing while their case is pending or resolved, while certain agencies retain access for law enforcement, licensing, and victim notification purposes.

• Section 1 rewrites O.C.G.A. § 16-13-2(d) so the court 'shall' seal records at sentencing instead of only doing so if the defendant requests it and the judge agrees.
• New subsection (e) lets people sentenced before July 1, 2026 petition the sentencing court to have their records sealed under the updated rules, with notice sent to the clerk and prosecutor.
• New subsection (f) requires courts to rule on such petitions within 90 days; subsection (g) gives clerks 60 days to seal all related documents.
• New subsection (h) requires law enforcement agencies, jails, and detention centers to restrict their records within 30 days of a sealing order.
• New subsection (i) removes sealing protections if a person's discharge is revoked and they are adjudicated guilty of the underlying offense.
• New subsection (j) lists entities, including criminal justice agencies, prosecutors, judges, public defenders, parole boards, and firearm licensing officials, that retain access to sealed records without a court order.
• Sections 2 and 3 amend O.C.G.A. §§ 35-3-34 and 35-3-35 to bar the Georgia Crime Information Center from releasing records covered by the new Code Section 16-13-2 sealing rules, with limited listed exceptions.

1. 2026-03-03House Second Readers (House)
2. 2026-02-26House First Readers (House)
3. 2026-02-25House Hopper (House)

• Mary Ann Santos (D, HD-117)Primary sponsor
• Matt Reeves (R, HD-099)
• Scott Holcomb (D, HD-101)
• Rob Leverett (R, HD-123)
• Leesa Hagan (R, HD-156)

• criminal record sealing
• drug possession law
• first offender program
• criminal justice records
• Georgia Bureau of Investigation